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(영문) 서울남부지방법원 2017.02.09 2016고단5297
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On September 20, 2016, the Defendant driven the above car on September 14:5, 2016, and made a left-hand turn to the left at about five kilometers per hour in the direction of the left-hand alley in the front of the clothes repair of D'D' in Geumcheon-gu Seoul Metropolitan Government.

Since there is a narrow a road in the vicinity of the house, there was a duty of care for those engaged in driving of the vehicle to drive the vehicle safely by checking well the right and the right of the front and right.

Nevertheless, the defendant did not discover the victim E (the 74 years old) who was engaged in a separate collection of recyclable wastes at the right side of the car without any negligence and without any permission to turn left at the left, and did not discover the victim E (the 74 years old) and served the victim with the front right side of the vehicle of the defendant.

Accordingly, around September 20, 2016, around 16:23, the Defendant caused the victim to die from low-exploiting shocks at the Hando University Gangnam-gu Hospital located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Bluice stuffs images;

1. A death certificate;

1. Application of Acts and subordinate statutes to traffic accident reports;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the area of mitigation (the period from April to one year) (including the special mitigation person] that is not subject to punishment (including the serious efforts to recover damage);

2. That it is difficult for the defendant to find out the victim while driving at a residential area and to cause the victim to die in traffic accidents without finding the victim.

However, the defendant appears to have the attitude of confession and reflect.

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